Website Design Terms & Conditions
This agreement
represents the complete agreement and understanding between Bogdon-Bourne Enterprises, LLC
and the account holder (hereafter called the
"client") and supersedes any oral agreement.
Any changes to this agreement must be in writing and signed and dated by both Bogdon-Bourne Enterprises, LLC and the client. Upon notice published
on-line via Bogdon-Bourne Enterprises, LLC, Bogdon-Bourne Enterprises, LLC
may modify these terms and conditions, amplify them, and/or modify the prices,
as well as discontinue or change the services offered.
1.0 Provision of services
|
1.1 |
Bogdon-Bourne Enterprises, LLC will provide services on its host computing
systems to individual clients in exchange for payment of fees and compliance
with the terms and conditions of this document. Bogdon-Bourne Enterprises, LLC will provide the services for the fees listed
on bogdonology.com unless otherwise stated in proposal. |
|
1.2 |
Bogdon-Bourne Enterprises, LLC services are defined as the use by the client of computing, telecommunications, software, information
services, web site design, web site maintenance, and web site promotion
provided by Bogdon-Bourne Enterprises, LLC. |
|
1.3 |
Bogdon-Bourne Enterprises, LLC will provide
consultation via face-to-face, phone, or e-mail on web design for one hour
for sites of up to 6 pages, and for an additional 10 minutes for each
additional page beyond 6 pages. The client should have the text
to be included on the web pages mostly written and preferably on disk prior
to such consultation. Bogdon-Bourne Enterprises, LLC will provide updates and changes to existing
web pages for one year at the rate of one hour per page total, subject to the
limits outlined below. Changes requested by the client beyond those
limits will be billed at the hourly rate listed bogdonology.com. This agreement
includes web page maintenance to regular web pages over a 12 month period up
to an average of one hour per regular page, including updating links and
making minor changes. If the client or an agent other than
Bogdon-Bourne Enterprises, LLC attempts updating the client's pages, time to repair web pages will be assessed at the
hourly rate, and is not included as part of the updating time. The 12
month maintenance period commences upon receipt of the full payment for the
web site design. Time required to make
substantive changes to the text which are requested after the web pages have
been constructed will be deducted from the hours reserved for updating the
completed web site. |
|
1.4 |
Bogdon-Bourne Enterprises, LLC and the client must work together to complete the web site by an agreed upon
completion date. |
|
1.5 |
Bogdon-Bourne Enterprises, LLC will publish a notice of fee increases 30
days before such increases take effect. |
|
1.6 |
Bogdon Technologies's setup fee does not
include the domain registration fees. Bogdon-Bourne Enterprises, LLC
recommends domain registration through internetregistration.com, through the Bogdon-Bourne Enterprises, LLC web site, which costs $19.95 for one year's registration. |
2.0 Use of Material
|
2.1 |
Public Domain materials (e.g., images, text, and programs) may
be downloaded or uploaded using Bogdon-Bourne Enterprises, LLC services. Clients may also re-distribute materials in the public domain.
The client assumes all risks regarding the determination
of whether the material is in the public domain. |
|
2.2 |
As provided by |
3.0 Bandwidth/FTP Use Policy
|
3.1 |
It is Bogdon Technologies's
intent to serve web documents. All web pages (html) must be
"linked" with files stored on Bogdon Technologies's
server (in other words, you cannot use your account as a "dump"
for files belonging to a web site not on Bogdon Technologies's
servers). Web sites that are found to contain either no html documents, or a great number of unlinked files are subject
to warning, suspension or revocation at the discretion of Bogdon-Bourne Enterprises, LLC administration. |
|
3.2 |
Because of the high bandwidth usage, download archives are not
permitted on Bogdon-Bourne Enterprises, LLC servers. Bogdon-Bourne Enterprises, LLC
defines download archives as any web site that provides an excessive number
of files that are formatted specifically for download by other parties (for
example, ZIP, DOC, MP3, SIT, EXE or other archive/program file extensions are
formatted specifically for download). This does not mean you may not place
these items on your web site. This simply means that if your site includes an
excessive number (25% or more of your total web space) of these items, we
will consider your site to be a download archive and thus in violation of our
terms and conditions. |
|
3.3 |
Because of excessive bandwidth use, Bogdon-Bourne Enterprises, LLC
clients are not permitted to run any system where images are loaded from your
site to a site on another server without the prior approval of Bogdon-Bourne Enterprises, LLC. Categories that fall under this requirement are banner
exchanges (expressly forbidden), web-ring images (allowed by prior permission
only), Award Graphics (allowed by prior permission only), and other similar
uses. |
|
3.4 |
If you would like, we would be happy to evaluate your web site,
either before or after moving it to Bogdon-Bourne Enterprises, LLC. We will
happily tell you whether your site would be considered in violation of these
terms and conditions or not. Feel free to contact us if you would like
this free service. |
|
3.5 |
All FTP sessions are logged. If you do not agree with this
policy then please contact Bogdon-Bourne Enterprises, LLC before obtaining an
account. Uploading of illegal, copyrighted or licensed software for the
purposes of distribution and/or personal use will not be tolerated and will
result in immediate account suspension and/or termination. |
4.0 Use of Services
|
4.1 |
In cases where the client has authorization to
modify the source code of the web site, the client agrees to maintain a
secure password to the account. |
|
4.2 |
The client agrees to use the
services provided by Bogdon-Bourne Enterprises, LLC as permitted by applicable
local, state, and federal laws. The client agrees, therefore,
not to use these services to conduct any business or activity or solicit the
performance of any activity that is prohibited by law. |
5.0 Indemnification
|
5.1 |
The client acknowledges that Bogdon-Bourne Enterprises, LLC makes an honest effort to keep the information available on egret
net's' systems accurate. However, Bogdon-Bourne Enterprises, LLC can make no
warranty of any kind, either expressed or implied, regarding the quality,
accuracy, or validity for the data and/or information available. Use of
information obtained from or through Bogdon-Bourne Enterprises, LLC or the Internet is at
the risk of the account holder. |
|
5.2 |
The client also acknowledges
that the information available through the interconnecting networks may not
be accurate. Bogdon-Bourne Enterprises, LLC has no ability or authority over the
material. Bogdon-Bourne Enterprises, LLC can make no warranty of any kind, either
expressed or implied, regarding the quality, accuracy, or validity of the
data and/or information residing on or passing through these networks. Use of
information obtained from or through Bogdon-Bourne Enterprises, LLC services is
at the risk of the account holder. |
|
5.3 |
The client agrees to indemnify
and hold Bogdon-Bourne Enterprises, LLC harmless from any claims, including
attorney's fees, resulting from the client receiving Bogdon-Bourne Enterprises, LLC
services which cause direct or indirect damage to another party. |
|
5.4 |
The client agrees to indemnify
and hold Bogdon-Bourne Enterprises, LLC harmless for any
"down time" or failure of the servers or host computers. |
6.0 Payment of fees and penalties
|
6.1 |
The Bogdon-Bourne Enterprises, LLC accounting cycle begins on the
date that the site goes online. An accounting cycle is one month in
length. |
|
6.2 |
Up front fees to be paid are the setup fee, hosting fees for the
first three months, and license and setup fees for programs and scripts which
may be utilized on the site. Also, if Bogdon-Bourne Enterprises, LLC has
advanced the domain registration fee to the client, the client must
reimburse Bogdon-Bourne Enterprises, LLC before the site goes online. Payment of hosting fees are to be paid three months in
advance. Page design fees are due within 15 days of the date that the
page goes online and the page meets the client's satisfaction. |
|
6.3 |
Delinquent accounts are those that remain unpaid 5 days after
beginning of accounting cycle. |
|
6.4 |
Accounts that are delinquent are put on "accounting
hold" and may not be used. Accounts that are unpaid for a whole
accounting cycle automatically have their files archived. Accounts that are
unpaid for 2 accounting cycles have their files purged. Bogdon-Bourne Enterprises, LLC accounts continue to accrue charges while they are on hold. |
|
6.5 |
There is a service reconnection charge equal to one half the
currently charged set-up fee to remove accounts from accounting hold status. |
|
6.6 |
The client acknowledges
responsibility for the account until payment in full is made. |
|
6.7 |
There is a $20.00 service charge for each returned check. |
|
6.8 |
After-the-fact changes: If a feature is ordered, designed, and
installed on the web site, and then the client decides against using
it on the web site, the client is still responsible for paying the
fees for the feature. |
7.0 Account Cancellations
|
7.1 |
All Bogdon-Bourne Enterprises, LLC accounts must be paid in full
before the transaction will be considered complete. |
8.0 Abuse of Services
|
8.1 |
For clients who have access to Bogdon Technologies's systems, any use of Bogdon-Bourne Enterprises, LLC system resources that disrupts the normal use of the system
for other Bogdon-Bourne Enterprises, LLC customers is considered to be abuse of
system resources and is grounds for administrative intervention. Some
examples of system abuse include spawning dozens of processes, consuming
excessive amounts of memory or CPU for long periods of time. |
|
8.2 |
Sending "bulk e-mail" (SPAM) with your account is an
abusive of services. |
|
8.3 |
Posting adult-oriented materials on Bogdon-Bourne Enterprises, LLC servers
is prohibited. Adult sites can be placed on separate servers. |
|
8.4 |
Allowing usage of Bogdon-Bourne Enterprises, LLC resources for accounts
hosted on other servers is an abuse of services. A web site not hosted
with Bogdon-Bourne Enterprises, LLC could not use its
account to reference graphics, midi, cgi, etc. from
our server. |
|
8.5 |
Posting any Warez-related (hacking)
material on your site is an abuse of services. |
|
8.6 |
Posting any "hate" material on your site targeting any
cultural, religious, or ethnic group, or posting any material slandering
another person or organization is an abuse of services. |
|
8.7 |
Depending on the nature and the severity of the abuse, the client may receive an e-mail warning or have their account suspended
or permanently removed by Bogdon-Bourne Enterprises, LLC. |